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Borderlines in Private Law

Edited by: William Day, Julius Grower
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This book is now Out of Print.
A new edition was published, see:
Cheshire, North & Fawcett: Private International Law 14th ed isbn 9780199284382

Cheshire and North's Private International Law 13th ed


ISBN13: 9780406905963
ISBN: 0406905967
New Edition ISBN: 9780199284382
Published: October 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



Out of Print

Cheshire and North's Private International Law is invaluable for the practitioner as well as being the leading students' textbook in its field, providing within a manageable compass a clear exposition of basic principles for this popular law school option.

It offers students, teachers and practitioners not only a work of stimulating erudition, but also a thorough and practical guide to the whole complex subject of private international law.

The new edition has been substantially updated to offer an up-to-date and authoritative account of the law in this rapidly changing field. As well as general updating, the chapter on Torts has been completely rewritten. Major developments in the law on jurisdiction and the recognition of foreign judgments have also been fully discussed.

In the area of family law, the chapter on marriage has been updated to take account of Part II of the Private International Law (Miscellaneous Provisions) Act 1995 and full account has been taken of decisions in the area of child custody disputes. These changes will enable the new edition to sustain the place of this work as the leading English language student textbook on private international law.

Subjects:
Conflict of Laws
Contents:
Part I:
Introduction.
Definition, nature and scope of private international law.
Historical development and current theories.
Part II: Preliminary Topics.
Classification.
The incidental question.
Renvoi.
Substance and procedure.
The proof of foreign law.
Exclusion of foreign law.
Domicile, nationality and residence.
Part III: Jurisdiction, Foreign Judgments and Awards.
Jurisdiction of the English courts - an introduction.
Jurisdiction under the Brussels and Lugano Conventions.
The competence of the English courts under the traditional rules.
Stays of English proceedings and restraining foreign proceedings.
Limitations on jurisdiction.
Recognition and enforcement of foreign judgments: the traditional rules.
Recognition and enforcement of judgments under the Brussels and Lugano Conventions.
Foreign arbitral awards.
Part IV: The Law of Obligations.
Contracts.
Negotiable instruments.
Torts.
Restitution.
Part V: Family Law.
Marriage.
Matrimonial causes.
Declarations.
Financial relief.
Children.
Legitimacy, legitimation and adoption.
Mental disorder.
Part VI: The Law of Property.
The distinction between movables and immovables.
Immovables.
The transfer of tangible movables.
The assignment of intangible movables.
Administration of estates.
Succession.
Matrimonial property.
Trusts.
Index.